Patna High CourtCWJC/11985/2014dismissed

Radheshyam Kumar v. The State Of Bihar And ORS

2019-04-29Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11985 of 2014 ====================================================== Radheshyam Kumar ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Dwivedi For the Respondent/s :

Mr.Rishi Raj Sinha, SC 19 Mr. A.K.Singh, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-04-2019 Heard counsel for the petitioner and counsel for the State.

Counsel for the petitioner submits that owing to interpolation in the result of the petitioner, petitioner has been awarded 11 marks instead of 13 marks and thereby disqualified / not selected in the process of selection for appointment of a constable.

Counsel for the respondents-State has filed counter affidavit and supplementary counter affidavit. Counter affidavit clearly states that last selected candidate was having l2 marks whereas petitioner was having l1 marks.

In the circumstance, there was no infirmity in the process of selection as none inferior to the petitioner has been selected in the process.

Patna High Court CWJC No.11985 of 2014(5) dt.29-04-2019 2/2 Cutting in the copy of the result which was supplied to the petitioner under RTI does not give any benefit to the petitioner. Respondents by annexure B to the supplementary counter affidavit have placed on record zerox copy of the original result. From perusal of the same, it is apparent that the petitioner has been awarded 11 marks.

In view of the aforesaid fact, cutting in the copy issued to the petitioner under RTI is of no consequence as even in terms of information supplied under RTI, same position has been communicated that the petitioner has obtained 11 marks. This court does not find any force in argument of counsel for the petitioner that cutting in copy of result supplied under RTI indicates any foul play.

Writ petition is devoid of merit and same is dismissed. (Madhuresh Prasad, J) s.hassan/- U